King v. . People of the State of New York
New York Court of Appeals
Error to the General Term of the Supreme Court, in the third judicial department, entered upon an order made December 4, 1880, which affirmed a judgment entered upon a verdict convicting the plaintiff in error of the offense of keeping a disorderly and common bawdy and gambling house. The facts, so far as material, appear in the opinion.
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Error to the General Term of the Supreme Court, in the third judicial department, entered upon an order made December 4, 1880, which affirmed a judgment entered upon a verdict convicting the plaintiff in error of the offense of keeping a disorderly and common bawdy and gambling house. The facts, so far as material, appear in the opinion. The court erred in refusing to charge defendant’s request: “ That the playing cards in defendant’s house does not, of itself, make it a disorderly house.” (2 Wharton’s Cr. Law [8th ed.], § 1465 ; id. [7th ed.], § 2407; People v. Sergeant, 8 Cow. 139 ; 2…
1Opinion of the CourtAndrews, J.
The indictment' charges the plaintiff in error with keeping a disorderly and common bawdy and gambling house, concluding ad commwie nocumentum. The evidence abundantly sustained the charge, and justified the jury'in finding that the defendant kept a house to which gamblers and prostitutes resorted for the purpose of gambling and prostitution.
The court, in the course of the charge, stated to the jury that it was not necessary, to constitute the offense of keeping a disorderly house, that the public should be disturbed by noise, and refused to charge, that, in order to convict the defendant of…
2Cited by12 opinions
- People v. FarsonNew York Court of Appeals · 1927
- Delaney v. . FloodNew York Court of Appeals · 1906
- Harris v. United StatesDistrict of Columbia Court of Appeals · 1974
- State v. GardnerSupreme Court of Iowa · 1916
- De Forest v. United StatesCourt of Appeals for the D.C. Circuit · 1897
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